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Madras High CourtWP(MD)/5119/2019dismissed

Sivasakthiammal, v. The District Collector,

2023-01-02Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.5119 of 2019 and W.M.P.(MD)No.4084 of 2019 Sivasakthiammal ... Petitioner Vs.

1.The District Collector, Thoothukudi.

2.The Thasildhar, Sathankulam Taluk, Thoothukudi.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Thoothukudi.

4.The Joint Commissioner, Hindu Religious and Charitable Endowment, Thoothukudi.

5.T.Sivanraj (R5 is impleaded vide order dated 15.12.2022 in W.M.P.(MD)No.2406 of 2020) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to 1/4

remove the Nagaperumalswamy Idol in S.No.254/2B, Rajamannarpuram Village, Sathankulam Taluk, Thoothukudi Distirct. For Petitioner : Mr.K.P.Narayana Kumar For R1 to R4 : Mr.G.Suriyananth Additional Government Pleader For R5 : Mr.R.Mohanasundaram

ORDER

Heard the learned counsel on either side.

2. The petitioner wants this Court to direct the District Administration to remove the petition mentioned idol from the petition mentioned survey number.

3. I wanted to know if the petition mentioned survey number is a Government poromboke. The answer is in the negative. It appears to be a private patta land. The learned counsel appearing for the petitioner would claim that in the civil suit filed by the private respondent, the petitioner filed a petition under Order 7 Rule 11 of C.P.C. It was allowed and the plaint was rejected. The counter claim filed by the petitioner was also decreed. If that be so, it is for the petitioner to enforce only in the appropriate proceedings. 2/4

4. The Government has no role whatsoever in the matter. Leaving open the rights of the petitioner to avail appropriate remedy, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

02.01.203 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Thoothukudi.

2.The Thasildhar, Sathankulam Taluk, Thoothukudi.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Thoothukudi.

4.The Joint Commissioner, Hindu Religious and Charitable Endowment, Thoothukudi.

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G.R.SWAMINATHAN, J.

rmi W.P(MD)No.5119 of 2019 02.01.2023 4/4